Must-Read: : Podcasts I just listened to: “I just listened to a Federalist podcast interview with Randy Barnett…
…Not my cup of tea, usually, but I have an interest in Barnett’s stuff. The guy really has a bug in his ear about John Roberts. A couple months back he was blaming Roberts for Trump and I was like–fine, fine, you lost your Obamacare case. You are a bit bitter, venting steam. But he’s still banging on about how Roberts is the betrayer-in-chief of the Constitution, hence to blame for Trump. This is polemically unfair, in ways I could spell out, but won’t. (If you really want to ask, that’s what comments are for.)
But I’ve got to wonder whether this sort of thing isn’t really pissing off Roberts. It would piss me off, if I were Roberts. Barnett isn’t just some guy. He’s like the brain and soul of the Federalist Society, these days. A bit of on-again, off-again grousing about Roberts’ ‘bad’ decisions is one thing. But Roberts is shaping up to be this consistent, vile Judas in the conservative imaginary. Roberts is going to be Chief for a while, I expect. Dale Carnegie would suggest that the way to work the refs effectively is not this. If Roberts actually turns into some flaming Living Constitutionalist slave-to-the-democratic-mob in 20 years, maybe you can give Barnett half credit.
Corey Robin: “It might piss Roberts off to hear this kind of talk now from Barnett…
…But it might also make him think twice and wonder whether, in his drive to be the conservative Court’s steward and statesman, he’s not in fact betraying the values and vision he came on the Court to pursue.
John Holbo: “I think the chance that Roberts doesn’t realize that Barnett is really uncharitably caricaturing Roberts’ position is slight…
…I don’t really think Roberts is going to move left, but I fully expect him to stick by his guns, and to realize that his guns are actually firing at the Federalist Society now.